From the KZNLS and its libraries


2004
weblog for the week starting :

January

February

March

April

May

1 12 19 26

2

9

16

23

1

8

15

23

29

5

12

19

26

Friday 30 January

Alleged Absa e-fraudster Johannes Fourie whose case relates to the TRANSFER OF FUNDS FROM THE ACCOUNTS OF 10 ABSA ONLINE BANKING CLIENTS IN THE WESTERN CAPE LAST YEAR has appeared in the Bellville magistrate's court, complaining that his bail conditions are "too onerous" (IT Web 2004-01-29).

Mark Isaacs, husband of the woman who laid rape allegations against Justice Desai in India, appears to have FALSELY REPRESENTED HIMSELF AS AN ATTORNEY to the Department of Home Affairs (IOL 2004-01-29).

United Kingdom
Lord Falconer, the Constitution Secretary, has announced
A SERIES OF CONCESSIONS TO THE JUDICIARY in a constitutional settlement that Lord Woolf, the Lord Chief Justice, said would lift the threat to judicial independence (Telegraph [UK] 2004-01-28).

Scotland
Two of the Millennium Dome raiders convicted at the Old Bailey two years ago were told they had
NO GROUNDS FOR APPEAL - EVEN THOUGH THE TRIAL JUDGE HAD ADMITTED "NODDING OFF" during the proceedings (The Scotsman 2004-01-21).

Canada
Alberta's Court of Appeal suggested that
LAWYERS SHOULD EITHER PROVIDE MORE FREE SERVICES to people who can't afford help or face having the province change the law to allow paralegals to step in (Canoe 2004-01-29).

Alaska
Now online : the amended judgment in the civil suit involving the
EXXON VALDEZ TANKER DISASTER in Alaska, increasing the plaintiffs' punitive damages award against the oil company to $4.5 Billion in addition to another $2.25 Billion in interest (Findlaw 2004-01-28).  See also TIME FOR EXXON TO PAY (New York Times 2004-01-30).

Thursday 29 January

It has apparently become common practice in Gauteng for LOCAL AUTHORITIES TO APPROVE NEW RESIDENTIAL DEVELOPMENTS SUBJECT TO EIAS BEING DONE AND APPROVED (Property24 2004-01-28).

On Wednesday, the parliament of ZIMBABWE PASSED A CONTROVERSIAL LAND LAW THAT WILL ALLOW THE GOVERNMENT TO TAKE LAND MORE EASILY FROM WHITE FARMERS (M&G 2004-01-29).

The HUTTON REPORT is now available online in pdf format (UK Online).

And in America
Google has sent a
CEASE AND DESIST EMAIL to Booble.com (WebProWorld 2004-01-28).

IS KILLING AN UNDISCOVERED FIRST-TRIMESTER FOETUS MURDER IN CALIFORNIA? This article considers Keeler v Superior Court (1970) and the current Taylor case in which the Justices' questions and comments suggest that they are inclined to rule that a defendant can be guilty of murder for killing the foetus of a woman who neither the defendant nor the woman herself knew was pregnant (FindLaw 2004-01-28).

California Governor ARNOLD SCHWARZENEGGER HAS SAID HE WILL PAY $4.5 MILLION on top of the $5 million he already spent to be elected after a judge ruled the actor broke a state campaign finance law by taking out a loan (FindLaw 2004-01-27).

Wednesday 28 January

According to one economist, the question about interest rates should be "HOW SOON WILL THE RESERVE BANK START HIKING RATES?" (M&G 2004-01-28).

The Free State High Court has heard that despite shouts from panic-stricken passengers, a BUS DRIVER REFUSED TO HEED THEIR WARNINGS AND ENDED UP LUNGING INTO THE ICY WATERS OF THE SAULSPOORT DAM near Bethlehem in May last year (News24 2004-01-28).

According to a leaked version of the Hutton Report, THE GOVERNMENT WILL BE CLEARED OF WRONGDOING IN THE KELLY AFFAIR (Telegraph [UK] 2004-01-28).

Tuesday 27 January

Judge Desai has indicated that he has NO INTENTION OF RESIGNING (News24 2004-01-26) and (BUSINESS DAY 2004-01-26).  Chief Justice Arthur Chaskalson has asked for AN END TO COMMENT AND SPECULATION on this matter (IOL 2004-01-27) ;  in the meantime, SUNDRY OPINIONS have been published (IOL 2004-01-27).

CAPTURING TACIT KNOWLEDGE describes tacit knowledge as "a mixture of deliberations, subjective insight, intuition and judgment that lawyers acquire by virtue of their experience and expertise. It is difficult to articulate in writing and is acquired through personal experience. It dates quickly".  The article suggests ways of preserving this invaluable resource (Practical Law).

United Kingdom
The High Court was told yesterday that
THOUSANDS OF BODY PARTS WERE ILLEGALLY REMOVED FROM DEAD CHILDREN WITHOUT THE KNOWLEDGE OF THEIR PARENTS (Telegraph [UK] 2004-01-27).

Monday 26 January

ZULU KING GOODWILL ZWELITHINI DEMANDED COMPENSATION FROM BRITAIN AND OTHER COUNTRIES THAT INVADED THE ZULU NATION IN THE PAST, saying this would help alleviate poverty in KwaZulu-Natal (M&G 2004-01-25).

United Kingdom
BILL GATES IS TO RECEIVE AN HONORARY KNIGHTHOOD for "services to global enterprise" (Telegraph [UK] 2004-01-26).

The middle classes could be particularly hard hit by proposals for NEW MEANS TESTS IN AN EFFORT TO CURB THE £2BN LEGAL AID BILL as aid in cases tried by magistrates could be limited to those with a disposable income of less than £10 000 after essential expenses such as rent or mortgage (Guardian Unlimited 2004-01-26).

Australia
A
DRAFT LEGAL PROFESSION AMENDMENT BILL HAS BEEN RELEASED FOR COMMENT ; if the reforms are passed, the overhaul would strip the Law Society of Tasmania of its regulatory and disciplinary powers.  Complaints about lawyers would go to an independent board including members of the public (The Mercury [Australia] 2004-01-23).

 

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